1. Introduction

Welcome to Cyber Pay. These terms and conditions (the “Terms”) govern your access to and use of the Cyber Pay website and payment gateway service (the “Service”). By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you may not use the Service.

2. Eligibility

To use the Service, you must be at least 18 years old and have the legal capacity to enter into a contract. You may not use the Service if you are a resident of a country where the Service is prohibited or restricted.

3. Use of the Service

The Service is intended for use by merchants to accept payments from customers. You may not use the Service for any illegal or unauthorized purpose, or in any way that could damage, disable, overburden, or impair the Service or interfere with the use of the Service by others. You may not attempt to access or tamper with any systems or servers related to the Service.

4. Fees and Payments

Cyber Pay charges fees for the use of the Service. These fees may include transaction fees, monthly fees, and other charges. All fees are non-refundable and payable in advance. You are responsible for paying all fees associated with your use of the Service.

5. Termination

Cyber Pay reserves the right to terminate or suspend your access to the Service at any time and for any reason, without notice. Upon termination, you must immediately cease using the Service and delete all copies of any materials obtained through the Service.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CYBER PAY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CYBER PAY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

7. Limitation of Liability

IN NO EVENT SHALL CYBER PAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT

8. Intellectual Property

The Service and all content, software, and other materials available on or through the Service, including but not limited to text, graphics, logos, images, and software, are the property of Cyber Pay or its licensors and are protected by copyright and other intellectual property laws. You may not use any of this content for any commercial purpose without the express written consent of Cyber Pay.

9. Indemnification

You agree to indemnify and hold Cyber Pay, its affiliates, and its and their officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

10. 10. Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the South African Institute for Chartered Arbitrators.

11. Miscellaneous

These Terms constitute the entire agreement between you and Cyber Pay with respect to the Service. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. Cyber Pay’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision